J. MILLARD TAWES, Governor 159

and distances, but said certificates shall contain only a brief
explanation of the plats and of the tracts of land and objects shown
on the same, describing by a letter or device the point on the plat
where each tract begins, and describing by color, number, etc., the
lines on the plat which represent the boundaries of each tract or
parcel of land and describing by letter or device the manner and
place where and in which all other objects are represented on said
plats; and it shall not be necessary to describe the location of
any tract or object more than once in each of said certificates,
although a greater number of title papers may be offered in evi-
dence containing its lines; but each party shall file with the sur-
veyor, to be returned along with said certificate, a list of the
deeds, patents, or other conveyances or title papers which he means
to offer in evidence at the trial of the cause, briefly describing the
same by date, place of record or other means of identification; and
said surveyor shall return said lists along with his certificates; and
no title paper shall be offered in evidence by either party, unless
such list shall have been so delivered by him to said surveyor,
nor unless said paper shall appear on said list; and if either party
shall make any surveys or locations which the court in its dis-
cretion shall think unnecessary, the party requiring the same shall
pay the cost thereof; and any party to any cause hereafter tried
may give in evidence any patent, deed, or other paper which would
be evidence in the cause, if it shall be located in whole, or only
such part thereof as may be necessary to prove or illustrate the
matters in controversy, either by actual survey or by protraction as
herein provided, if said patent, deed or other paper shall be upon
the aforesaid list furnished to and returned by the surveyor;
and in] In all actions to trespass quare clausum fregit, where the
alleged trespass consists of excavations of coal, iron, ore or other
mineral or material under ground and such excavations cannot be
measured or located on the plats by reason of the same having
become inaccessible by falls of earth or otherwise or by the closing
or partial closing of the galleries, headings, rooms or other excava-
tions constituting or leading to such trespasses, then and in all such
cases it shall be lawful and proper to prove such trespasses by any
evidence otherwise competent and admissible, notwithstanding such
trespasses cannot be and have not been located on the plats
and notwithstanding that the defendant has taken defense on war-
rant.

40.

In all cases of actions brought for the penalty of any bond, bill,
covenant or contract with penalty, the [jury may, under the di-
rection of the court, upon the plea of payment or performance
of the conditions or terms of the contract, ascertain and by their
verdict find what sum of money is really and justly] judgment
shall be for the amount due [to the plaintiff; and upon such finding,
judgment shall be entered by the court for the penalty, to be
released upon payment of the sum of money so found to be due,
and interest on the same till paid, and costs of suit; and the sum
really due as aforesaid, or in any other manner ascertained, upon
bonds and other instruments of writings, with penalty, shall be
considered in law as the true debt and shall be so pleaded by and
allowed to administrators and others].